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KembaraXtra-Case Law-Brooks and Brooks (1982) - Theft Act 1978, s.3
I. Facts of the Case
I. Facts of the Case
- Defendants (D1 & D2) dined with S at a restaurant.
- D1 left abruptly.
- Manager discovered S in the toilet and D2 attempting to leave.
- D2 was apprehended by the manager.
- Both defendants charged under s.3 of the Theft Act 1978.
- Interpretation of "dishonestly makes off" under s.3 Theft Act 1978.
- Distinction between the complete offence and an attempt to commit the offence.
- "Dishonestly makes off" should be given its ordinary meaning, related to the specific facts.
- "Making off" requires departure from the point where payment is required.
- If D is stopped before passing the payment point:
- Jury should be directed that this may be an attempt, not the completed offence.
- Subject to evidence that other elements of an attempt are present.
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